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Can Compulsory Health Insurance Be Justified? An Examination Of Taiwan's National Health Insurance , Chuan-Feng Wu 2013 Cleveland State University

Can Compulsory Health Insurance Be Justified? An Examination Of Taiwan's National Health Insurance , Chuan-Feng Wu

Journal of Law and Health

Since a great paradox lies beneath the universal health insurance mandate debate in both Taiwan and the U.S., Taiwan’s experience clarifying the constitutionality of its compulsory universal health insurance program might provide valuable lessons to the U.S. The goal of this Article is to provide a theoretical basis, based upon the human rights impact assessment in public health policies and a Rawlsian theory of justice, to decide whether the restriction on individual liberty imposed by Taiwan’s compulsory NHI is constitutionally justified. An analytic four-step assessment is established to evaluate the NHI’s burden on individual liberties: (1) examine the importance, legitimacy, …


Mapping Our Future: The Impact Of Gene Patents On Scientific Research And Health Care In The United States, Caitlin E. Lanning 2013 Cleveland State University

Mapping Our Future: The Impact Of Gene Patents On Scientific Research And Health Care In The United States, Caitlin E. Lanning

Journal of Law and Health

In September, 2011, the Senate passed H.R. 1249, the Leahy-Smith America Invents Act (“AIA”), which President Barrack Obama signed into law on September 16th. The AIA is the largest transformation to U.S. patent law since 1952. While the new legislation implements numerous, positive changes to the U.S. patent system, it fails to address any of the concerns raised by gene patent critics over the past few decades. Gene patents should be categorized as patentable subject matter within the AIA, but under a separate patent category with specifically engineered regulations designed to promote scientific research and collaboration that will in turn …


Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra 2013 Barry University

Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra

Faculty Scholarship

No abstract provided.


The Commerce Clause Implications Of The Individual Mandate Under The Patient Protection And Affordable Care Act , L. Darnell Weeden 2013 Thurgood Marshall School of Law, Texas Southern University

The Commerce Clause Implications Of The Individual Mandate Under The Patient Protection And Affordable Care Act , L. Darnell Weeden

Journal of Law and Health

The fundamental focus of this Article is whether the decision not to buy individual health insurance as required by Congress also qualifies as valid economic activity under the Commerce Clause. This question before the Court continues the modern battle regarding the scope of Congress’s power under the Commerce Clause, and the battle regarding the regulation of economic activity continues, irrespective of the Supreme Court decision regarding PPACA, because of the continuing impact of the Supreme Court’s holding in United States v. Lopez. Part II of this Article contends that the decision not to purchase health insurance is not to be …


Finding A Cure: Incentivizing Partnerships Between Disease Advocacy Groups And Academic Commercial Researchers , Anne M. Readel 2013 Perkins Coie LLP

Finding A Cure: Incentivizing Partnerships Between Disease Advocacy Groups And Academic Commercial Researchers , Anne M. Readel

Journal of Law and Health

Collaborations between for-profit drug companies and not-for-profit disease advocacy groups have risen in recent years in an effort to find cures for orphan diseases. These unique and beneficial collaborations are a result of disease advocacy groups assuming a more active role in drug development through the use of “venture philanthropy,” which employs concepts and techniques from venture capitalism and applies them to achieving philanthropic goals. While these collaborations have found remarkable success, such as the discovery of the first known cure for cystic fibrosis in 2012, venture philanthropy for drug discovery presents numerous legal and social challenges. This Article examines …


Balancing Science And Politics: The Challenges Of Implementing Medical Marijuana Laws - Introduction, Rebecca Hall 2013 University of Maryland Francis King Carey School of Law

Balancing Science And Politics: The Challenges Of Implementing Medical Marijuana Laws - Introduction, Rebecca Hall

Journal of Health Care Law and Policy

No abstract provided.


Preemption Under The Controlled Substances Act, Robert A. Mikos 2013 University of Maryland Francis King Carey School of Law

Preemption Under The Controlled Substances Act, Robert A. Mikos

Journal of Health Care Law and Policy

No abstract provided.


The Patient Process And Affordable Care Act Of 2010: Implementation Challenges In The Context Of Federalism, Robert F. Rich, Eric Cheung, Robert Lurvey 2013 University of Maryland Francis King Carey School of Law

The Patient Process And Affordable Care Act Of 2010: Implementation Challenges In The Context Of Federalism, Robert F. Rich, Eric Cheung, Robert Lurvey

Journal of Health Care Law and Policy

No abstract provided.


Strengthening Vendor Standards In The Supplemental Nutrition Assistance Program: Are Healthier Foods Within Reach?, Mary E. Kennelly, Roni Neff, Lainie Rutkow 2013 University of Maryland Francis King Carey School of Law

Strengthening Vendor Standards In The Supplemental Nutrition Assistance Program: Are Healthier Foods Within Reach?, Mary E. Kennelly, Roni Neff, Lainie Rutkow

Journal of Health Care Law and Policy

No abstract provided.


Shrinking Drug Costs Without Silencing Pharmaceutical Detailers: Maryland's Options After Sorrell V. Ims Health, Kristina L. Miller 2013 University of Maryland Francis King Carey School of Law

Shrinking Drug Costs Without Silencing Pharmaceutical Detailers: Maryland's Options After Sorrell V. Ims Health, Kristina L. Miller

Journal of Health Care Law and Policy

No abstract provided.


Not For Bathing: Bath Salts And The New Menace Of Synthetic Drugs, Jake Shaller 2013 University of Maryland Francis King Carey School of Law

Not For Bathing: Bath Salts And The New Menace Of Synthetic Drugs, Jake Shaller

Journal of Health Care Law and Policy

No abstract provided.


The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt 2013 University of Maryland Francis King Carey School of Law

The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt

Journal of Health Care Law and Policy

No abstract provided.


Astrue V. Capato: Forcing A Shoe That Doesn't Fit, Courtney Hannon 2013 University of Maryland Francis King Carey School of Law

Astrue V. Capato: Forcing A Shoe That Doesn't Fit, Courtney Hannon

Journal of Health Care Law and Policy

No abstract provided.


Seeing The Justice System Through A Soldier's Eyes: A Call To Action For Maryland To Adopt A Veterans Treatment Court System, Beth Totman 2013 University of Maryland Francis King Carey School of Law

Seeing The Justice System Through A Soldier's Eyes: A Call To Action For Maryland To Adopt A Veterans Treatment Court System, Beth Totman

Journal of Health Care Law and Policy

No abstract provided.


Is Sugar The New Tobacco? How To Regulate Toxic Foods, Barbara L. Atwell 2013 Elisabeth Haub School of Law at Pace University

Is Sugar The New Tobacco? How To Regulate Toxic Foods, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This article explores the health risks associated with added sugar. It then examines how, if at all, sugar should be regulated, by considering tobacco regulation as a possible model. Part I identifies the health risks of sugar consumption. Part II examines the reasons why sugar is added to so much of our food supply. Part III provides an overview of tobacco regulation, including educational initiatives, warning labels, advertising restrictions, age limitations, and taxes. Finally, Part IV provides a framework for sugar regulation, suggesting that most of the foregoing laws designed to discourage tobacco use should, with the exception of age …


Health Care Cost Containment: No Longer An Option But A Mandate, Susan A. Channick 2013 California Western School of Law

Health Care Cost Containment: No Longer An Option But A Mandate, Susan A. Channick

Faculty Scholarship

The growth in health care costs in the United States in the past two decades has been staggering and extraordinarily burdensome not only to the federal and state governments but also to employers and individuals who purchase their health insurance in the private market. According to a recent report by the Urban Institute Health Policy Center, four major and interrelated reasons are the significant drivers of the persistent rise in health care costs in excess of economic growth. The first is over-insurance due to the favorable tax treatment of employer-sponsored insurance to which approximately fifty-eight percent of non-elderly Americans have …


Applying Bioethics In The 21st Century: Principlism Or Situationism?, George P. Smith II 2013 The Catholic University of America, Columbus School of Law

Applying Bioethics In The 21st Century: Principlism Or Situationism?, George P. Smith Ii

Scholarly Articles

After an examination of the four cardinal bioethical principles which define Principlism — autonomy, beneficence, non maleficence and justice — an explication of Joseph Fletcher’s theory of Situationism is undertaken.

The conclusion of this Article is that when an ethical dilemma arises and is “tested” as to its moral efficacy, rather than judge the acts in question in order to determine whether they are in conformance with one of the four bioethical principles, it is more humane and practical to determine the ethical propriety of questioned conduct by use of a situation ethic which in fact is more sensitive. This …


Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon 2013 Case Western University School of Law

Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon

Faculty Publications

The Patient Protection and Affordable Care Act (PPACA) provides tax credits and subsidies for the purchase of qualifying health insurance plans on state-run insurance exchanges. Contrary to expectations, many states are refusing or otherwise failing to create such exchanges. An Internal Revenue Service (IRS) rule purports to extend these tax credits and subsidies to the purchase of health insurance in federal exchanges created in states without exchanges of their own. This rule lacks statutory authority. The text, structure, and history of the Act show that tax credits and subsidies are not available in federally run exchanges. The IRS rule is …


Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld 2013 Case Western Reserve University - School of Law

Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld

Faculty Publications

No abstract provided.


Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert Atkinson 2013 Case Western Reserve University School of Law

Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert Atkinson

Health Matrix: The Journal of Law-Medicine

No abstract provided.


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